A Pope County jury convicted a Russellville man of armed robbery after jurors were unable to reach a verdict on the man's original charge of first-degree murder.

The jury foreman told Circuit Judge William Pearson the jury was hung at 10-2 in the first-degree murder trial of James Anthony Gould, 33, who was charged in the August 2012 shooting death of Randal Boykin, 26. The foreman said there was no chance the jurors would change their votes, and Pearson declared a mistrial in the murder case.

The jury then returned a guilty verdict for aggravated robbery and proposed Gould be sentenced to 40 years in the Arkansas Department of Correction, plus another 15 years for using a gun in the commission of the Aug. 26, 2012, crime.

Gould, who has a prior conviction for felony assault in Tennessee, will have to serve the full term of his sentence.

The mistrial came an hour after the jury said it was split 8-4 after reviewing a police video of Gould admitting to detectives that he shot and killed Boykin, who Gould was allegedly trying to rob for marijuana at Boykin's Russellville home.

As the trial continued Thursday morning, the prosecution and defense rested and began closing arguments. The defense didn't call a witness before resting its case.

Fifth Judicial District Prosecuting Attorney David Gibbons gave a compelling reiteration of facts in the case.

"The marijuana wasn't for pleasure, it was for money. Gould decided he was going to take it. Boykin was not going to surrender that property."

Gibbons found it odd that Gould told detectives in Dallas, Texas, that he was trying to be the protector.

"Boykin ended up the protector and died trying," he said. "Boykin didn't know Ojeda was a decoy. He is protecting the woman and child. Gould invaded a neighborhood, shoots a man, and has the calmness to go in the house, take the marijuana, and hide it."

Gibbons reiterated the information contained in the testimony of experts from the Arkansas State Crime Lab, eyewitnesses and law enforcement officials who secured the three crime scenes and processed the evidence.

"Gould said he fired the round that killed Boykin," Gibbons said. "Gould showed extreme indifference for the value of human life. This was the case before they left the house or got the guns or masks. Return a verdict of guilty on both counts."

Defense attorney James Dunham informed the jury Gould was not required to testify under protection from the U. S. constitution.

"You've all seen courts and courtrooms. You haven't seen the fireworks [in this case]," Dunham said. "The longest testimony was from Gould's video."

The video showed a detailed confession made by Gould. During cross examination of witnesses, Dunham repeatedly asked each witness about potentially owning marijuana.

"One side doesn't like the facts when they show what is true," Dunham said. "That's why I asked witnesses about the legality of marijuana. You cannot lawfully possess marijuana."

Gibbons showed a picture of the entry to the home where the incident took place during his closing argument — where a baby bottle was located on the floor of the living room area.

"The state thinks that this is important," Dunham said. "You cannot let passion or sympathy influence your decision. It has nothing to do with the nature of the property in question. Directing your anger would be to the benefit of the state. I request that you objectively review the facts and return a verdict of not guilty."

After working with this prosecutor for years I would say the problem had to be in the jury room. Knowing him, and and there being a taped confession should have made the decision for them; but sounds as if someone just became soft.